[Federal Register: June 19, 2003 (Volume 68, Number 118)]
[Notices]
[Page 36850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn03-95]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-50,604]
Cessna Aircraft Company, Wichita, KS; Notice of Negative
Determination Regarding Application for Reconsideration
By application of May 16, 2003, the International Association of
Machinists and Aerospace workers, District Lodge 70, requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on April 17, 2003, and
published in the Federal Register on May 7, 2003 (68 FR 24503).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts not previously considered
that the determination complained of was erroneous;
(2) If it appears that the determination complained of was based on
a mistake in the determination of facts not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the
decision.
The petition for the workers of Cessna Aircraft Company, Wichita,
Kansas was denied because the ``contributed importantly'' group
eligibility requirement of Section 222(3) of the Trade Act of 1974, as
amended, was not met. The company did not import business jet aircraft
in the relevant period, nor did they shift production to a foreign
facility.
The union alleges that the company shifted production of ``sections
of the tail and wing assembly of the CJ-3 and Citation Soverence'' to
Canada, and that ``this work is normally performed by'' subject firm
workers.
Contact with the company in regard to this allegation revealed
that, although the company did outsource these components to Canada,
they were never produced at the Wichita facility, thus this production
is irrelevant to the investigation.
The union also alleged that airplane parts competitive with those
produced in Wichita are now being produced in ``Poland, Czechoslovakia,
and Mexico.''
In response to this allegation, a company official stated that the
company outsourced an insignificant amount of production to Poland,
comprising a negligible amount of total annual production at the
Wichita plant. The official also stated that, although Czechoslovakia
is currently being considered as a potential outsourcing location, the
company has not yet imported or used any products produced in that
country. The official also stated that Mexico is currently not a
serious consideration in terms of outsourcing production for the
company.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misinterpretation of the law
or of the facts which would justify reconsideration of the Department
of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, DC this 3rd day of June, 2003
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-15475 Filed 6-18-03; 8:45 am]
BILLING CODE 4510-30-P